, 1887-11-03
n P Indemnity Lands.

EwARTsvILLE. ". L, Oct. 5. 81.
Paul SchuIze, Esq, General Land
agent Of the Northern Pacific Rail-
road Company. Tacoma, Wash. Ty.
DEAR SIR: 1t was only last night
that | became aware of the instruc-
tons issued September 10Th by the
acting Commissioner OF the general
land Office directed hv the secretary
Of the interior. t. the register and re.
ceiver at Waila Waila They were
published in some of our local papers
on September Both, but | did not
happen 10 see them. Naturally, they
make me very anxious, and Your
company, | suppose, must be greatly
annoyed by them. D"magogism Is
playing the deuce generally. YOu
are aware, OF course, that purchased
two wears ago from your company on
the ten years plan the southeast
quarter and southwest quarter of sec
ton %, township l5 north, range 43
east. W NJ. in Whitman county.
Now, unless your selection of said
lands has been formally and express
ly approved by the commissioner of
the general land office, etc | suppose
the department proposes to sell the
lands, l. e., to receive applications for
filing. etc, from anybody. Your
company has treated me well and
generously in all respects,and | there
fore desire to carry ont my contract
honorably. To try to escape it would
be mean and dishonest. Therefore
ali | want IS certainty that your
cgmpany's selection of said lands Is
formally approved by the proper au-
thority. | have no knowledge of what
has been done III the case and must
ask You to inform me fully. If not
Vet approved, it may be hereafter OF
this order of the secretary may be set
aside and annullel by judicial author-
ity. If not yet approved, | suppose
| ought to make application 10 lille on
each quarter section, stating all the
facts so far as | may know them.
Gour company would then be notified
and could make objections and asset
its rights. |. Of course, should make
no contest, but leaving the question
to your company and the department
would cheerfully accept the result,
though | should much prefer to see
you win, as | think that justice and
legality are both entirely OF your
side. AS to the quarter section live
on. the southeast quarter section q,
township 15, n. II. 43 east, having re
sided on and cultivated it since the
summer of 1882, | trust that the com
pany will not object to my making a
homestead entry. [ am sorry to
trouble you so much, but please be so
good as to answer me promptly
Your answer will be immensely i'm
portant to me and | suppose that
many others are situated very much
as | am, Very respectfully,
(Signed) Is. LEWIS.
October Is, 1887.
Hon Barbour Lewis, Evansville.
w T., DEAR SIK:-Your letter of the
Sth inst. in reference to the order of
the secretary of the interior throw
ing open the indemnity lands of the
Northern Pacific railroad company to
entry and filing, Is Il sample of great
many letters received at this office
since the publication of the secre-
tary's decision, As in your own case,
this attempt of the department of the
interior to nullify acts of congress
and override decisions of the courts
and former administrations, will, in
hundreds of other cases in this ter
rItory, work great hardship upon set
tiers and involve them in tedious aud
costly litigation. As matter of
course, the company in the defense
of its rights, will do all in its power
to alleviate the wrongs to which the
secretary of the inserior has exposed
the purchasers of of indemnity lands
The process of law, however, is slow.
and considerable time will elapse be
fore Judicial decision can be had.
Meanwhile yourself aud many other
settlers will be exposed to the attacks
of land jumpers and Matchmaking
land lawyers.
1t would be useless for you to at
tempt to file on the south half of sec
ton 30, township II north, range 43
east, and at the same time claim. un-
der the homestead act. the southeast
quarter Of section u, township Is
. north, range 43 east. You cannot
hold to exceed 160 acres under the
present land laws. The land i'm
proved by you in excess of 1GO acres
can be filed, under the order of the
secretary of the interior, by the first
party that chooses to do so. This is
one Of the blessings" of the order
OF the secretary.
The selections of the indemnity
land by the company have been made
III strict conformity with the direc-
tons Of the secretary of the interior
as provided in the granting act.
They have been properly certified to
by the registers and receivers of the
respective United States land offices
and they have been forwarded mum
her of years ago to the general land
Office at Washington for proper ac-
ton by the department. Since that
time the company in compliance with
an order of the land department has
designated and filed proper lists of
the lands which have been lost to the
grant, and for which it is entitled to
indemnity. The grant to the com
pany Is grant in quantity specifi-
cally declared in the act of July 2.
1861. The selections of the company
N Oregon and Washington and Ida
no territories cover every acre of the
surveyed lands in the indemnity lin
IFS, but still the area does not come
up to the amount of the losses in the
state and territories named by many
thousand acres.
The recent order OF the secretary
OF the interior Is not final. 1t is con
trary to the uniform current decisions
of the federal courts in relation to
the subject matter; it Is contrary TO
the ruling Of all former secretaries of
the interior; it is contrary to the
opinion of the present attorney gen
eral; it is contrary to all law and pre-
cGedent; IN fact, it is nothing more or
less than piece of political bun